1. (a) General requirements.

   1. (1) The general requirements detail how the short-list proposer should respond to the RFP and prepare the proposal.
   2. (2) The general requirements section is similar to the general requirements of a DB-B construction contract and contains process and procedure information related specifically to the evaluation/selection process.
   3. (3) The supplementary submittal requirements of disadvantaged business enterprise and/or minority business enterprise participation and the escrow process of the selected short-list proposer’s documents throughout the remainder of the project should also be described.
   4. (4) The general requirements section should be complementary to the standard specifications and the project-specific special specifications/provisions.
   5. (5) A brief project description, summary of the selection process, and detailed instructions of what must be submitted should be included in the general requirements section.

2. (b) Proposal contents list and evaluation criteria.

   1. (1) The RFP should provide direction for the short-list proposer to prepare a proposal that describes the proposed approach to the technical aspects of the project in the technical proposal and to present the associated price structure in the price proposal.
   2. (2) The proposal contents list and proposal ESC should describe the specific contents of the technical proposal, price proposal, and how each of the requested details will be evaluated by the project evaluation team (PET).

3. (c) Project description.

   1. (1)

      1. (A) The project description should be a written summary of the work included in the project, the project limits, and should be placed at the beginning of the RFP as an overview of the project.
      2. (B) The project requirements should be described completely and in a manner that will be easily interpreted and understood.
      3. (C) The Arkansas Department of Transportation should conduct adequate research and investigations prior to RFP development to determine the facility requirements and clearly identify the project needs and goals.

   2. (2)

      1. (A) The project description should be similar to an executive summary and should function as an index of the key requirements of the project.
      2. (B) The description provides the who, what, when, where, and how parameters of the project.
      3. (C) The actual “how” portion should be determined by the short-list proposer in the proposal.
      4. (D) Significant issues related to the project work should be addressed in the project description section, but the actual requirements are described in the project design criteria (PDC) or in the project technical provisions.
      5. (E) The project description must reflect any changes in the project scope arising from clarifications provided by the department as it moves through the project development process and early procurement activities.

   3. (3)

      1. (A) The project description should define the purpose of the project, its limits, unique conditions, design elements, physical components, schedule issues, and other items as necessary to fully describe the project.
      2. (B) Any third-party issues should be described, such as right-of-way acquisition, utility relocations, environmental mitigation, railroad facilities, and public information to provide the short-list proposer with a complete view of the department goals and expectations for the project.
      3. (C) All documentation of such issues, including plans, agreements, etc., should be included in the reference information documents (RID).

   4. (4)

      1. (A) Due to the importance of the project description and the variations that could occur through the course of the procurement process, the description should be checked and updated regularly, as required, throughout the development of the RFP to ensure continued accuracy and consistency.
      2. (B) The project description also serves as a quality assurance mechanism and functions as a standalone administrative aid for communicating the progress of the project within the DPT, the department, project stakeholders, and other interested parties.

   5. (5)

      1. (A) Although the project description is a means of providing a description of department intent, it should not be used as the mechanism to communicate contract requirements to the proposer.
      2. (B) The specific requirements of the project should be established in the:

4. (i) Project scope;

   1. (ii) Standard specifications;

      1. (iii) Specific project special specifications;

         1. (iv) Technical provisions;
         2. (v) Preliminary design represented by the schematics; and
         3. (vi) Project design criteria (PDC).
      2. (C) Even though the project description, in some form, should be included within the RFQ and RFP, it does not provide specific tangible information and is, therefore, a weaker link than the requirements of the DBA and cannot be used as the basis of enforcement on the design-builder should conflicts arise through the course of the project.
   2. (6) Another goal of the project description is to highlight important project issues that are critical to the success of the project by communicating the key issues along with the project goals and expectations in narrative form so the short-list proposer can tailor the proposal to best meet the needs of the public and the department.
   3. (7) When the project description is prepared, those project elements that have generated the most discussion during project development should be highlighted as these elements are most likely the key elements of the project and will also become the basis for establishing the proposal ESC in the RFP.

   4. (8) The project description typically contains the following subsections:

      1. (A) General overview and funding limit;
      2. (B) Project purpose and expectations; and

      3. (C) Project components and termini.

         1. (d) RFP requirements.

   5. (1)

      1. (A) The purpose of this subsection is to provide guidance in putting together an RFP to address elements that should be included in the RFP and the relationship and responsibilities the department and the design-builder have within each element.
      2. (B) Key sections of the RFP are discussed below.

   6. (2) Technical proposal requirements.

      1. (A)

         1. (i) The RFP should include well-defined requirements for a technical proposal.
         2. (ii) The RFP should include detailed instructions regarding the content and format of the technical proposal and a full description of the key requirements, the evaluation/scoring process, and the best value formula to be used by the department for determination of the best value for the project.

      2. (B)

         1. (i) In the event of short-list proposer questions concerning the project scope, the department should contact all short-list proposers in writing to clarify the issues raised by the questions.
         2. (ii) The selected short-list proposer (design-builder) for the project will be responsible for developing the final design based on the criteria and information contained in the RFP and for the construction of the facility in compliance with the final plans and project specifications developed by the design-builder.

   7. (3) Price proposal requirements.

      1. (A)

         1. (i) Unlike a more traditional DB-B project, a D-B project is designed and constructed by a design-builder under a single contract with the department.
         2. (ii) A short-list proposer submitting a response to the RFP must provide the department a fixed maximum price (FMP) that includes both design and construction activities along with any optional parameters that may be required by the RFP.

      2. (B)

         1. (i) In most D-B methods, the department will provide the project scope, project schedule, and other requirements, and the short-list proposers will provide the FMP in the price proposal along with a technical proposal which defines the proposer’s approach to the project.
         2. (ii) The technical score from the technical proposal will be combined with the FMP to establish an adjusted price for each proposal.
         3. (iii) One particular type of D-B methodology is referred to as the design-build to a budget method, also known as fixed price-best design, where the department publishes a maximum baseline project cost (BPC) as a criterion and the short-list proposers work within that BPC to provide the best possible proposal scope and schedule that will be attractive to the department and be selected as providing the best value.

      3. (C)

         1. (i) Regardless of the type of D-B method selected for the project, the RFP should include well-defined requirements for the price proposal.
         2. (ii) Most D-B projects are bid as lump sum and any short-list proposer must provide an FMP in the price proposal.
         3. (iii) The selected short-list proposer (design-builder) would be compensated throughout the project in accordance with the schedule of values (SOV) included with the proposal.
         4. (iv) The RFP should require the proposer to submit all other bid documentation required prior to the execution of the DBA.
      4. (D) All the bid documentation included as part of the DBA should be held in escrow throughout the course of the project for security and to facilitate future resolution of payment issues and change order requests.

   8. (4) Technical proposal and price proposal inclusion.

      1. (A) The RFP should specify that the technical proposal and price proposal submitted by the selected short-list proposer (design-builder) will be referenced and included as part of the DBA.
      2. (B) The design-builder is obligated to design and construct all elements of the project using the resources, key personnel, procedures, and construction methods upon which the department based its selection.
      3. (C) Design elements not specifically identified in the RFP requirements, but included in the technical proposal, are required to be provided for the project since they are incorporated into the DBA.
      4. (D) Such elements may not be eliminated or revised by the design-builder without the express written approval of the department, otherwise that occurrence would represent a modification to the DBA between the design-builder and the department.

   9. (5) Design requirements.

      1. (A) The design and specifications are essential to the project meeting the requirements as determined by the department and should be clearly defined in the RFP.
      2. (B) Design standards for D-B projects should typically conform to the department current design policies and standards, including AASHTO design documents, Federal Highway Administration references, and other department design policies, however, it is common for standards from other states to be used on D-B projects with the acceptance of the department, at its sole discretion.

   10. (6) Design services requirements.

       1. (A) The project scope must clearly define the design services required and any requirements for right-of-way acquisition not performed by the department.
       2. (B) Design services may include geotechnical investigation/design, surveying, permitting, and utility coordination, etc.
       3. (C) Most elements of the DB-B design process will typically be relevant and included in the D-B process.

   11. (7) Construction service requirements.

       1. (A) The current edition of the department Standard Specifications, 27 CAR pt. 90, Resident Engineers Manual, and the Materials Field Manual should be the basis for construction unless otherwise stipulated in the RFP and DBA.

       2. (B)

          1. (i) The description, construction requirements, and material compliance subsections of the above documents should be required for D-B projects.
          2. (ii) However, any sections that address method of measurement or basis of payment should be clarified and updated to conform to the D-B process.
       3. (C) All applicable project supplemental or special specifications/provisions should be included in the RFP.

   12. (8) Disadvantaged business enterprise (DBE) requirements.

       1. (A) The RFP should establish the goals for project DBE utilization.
       2. (B) Short-list proposers must be required to submit a DBE affidavit verifying the ability to meet the project DBE goals established and the commitment to achieve those goals.
       3. (C) The affidavit must identify work items and the approximate value of work to be subcontracted to DBEs.
       4. (D) Failure to furnish DBE information required under Subsection 103.08 of the Standard Specifications will disqualify the short-list proposer and forfeiture of the proposal guaranty.
       5. (E) No stipend will be provided to such disqualified short-list proposer or short-list proposers.
   13. (9) Boilerplate contract. When federal-aid funds are used for any project, federal-aid contract requirements such as EEO, wage rates, and training hours forms, including Form 1273, must be included in the DBA so those requirements should be identified in the RFP.

   14. (10) Professional liability insurance and bonds.

       1. (A)

          1. (i) Professional liability insurance requirements for the design of the project should be included in the RFP.
          2. (ii) The insurance requirements should state that the insurance provided must be project-specific and the minimum dollar amount and term (length of time) should be clearly established in the RFP.
       2. (B) The RFP should require the selected short-list proposer to provide performance and payment bonds for the construction portion of the DBA that comply with the department construction bond requirements.

Codification Notes: “AASHTO” means the American Association of State Highways and Transportation Officials. "DBE" means disadvantaged business enterprise. "EEO" means equal employment opportunity.